A licensed employee cannot keep a telephone line made available to him by his employer. Even transferred to its name, this line remains a professional tool belonging to the company, according to a judgment of the Court of Cassation published on April 3, 2025. Back up safeguarded receiving the law alerts of labor can we keep its professional telephone line after the end of an employment contract? The Court of Cassation responded in the negative in an unprecedented decision, which the EFL.fr site relays. A former sales manager, after his dismissal, had transferred the line to his personal name while restoring his professional phone. The employer, considering this strategic line, seized the industrial tribunal in summary proceedings. He won the case. “The Court of Appeal was able, without exceeding his powers, to order the restitution of the line after having noticed his professional character”, underlines the social chamber. Clearly, any tool made available as part of the contract – telephone, line, computer – must be returned, unless otherwise stated. Read also: Teleworking allowance: Ceiling, amount and payment strictly professional use, without personal tolerance in this case, the employer had subscribed and settled the line, used only for professional purposes. No tolerated personal use had been established. “No contractual document specified that this line could be used for personal purposes,” notes the court. By transferring it to his name, the employee therefore acted “in fraud of the rights of the company”. Conversely, if the mixed use had been recognized or if the line had been considered as an advantage in kind, the employee could have claimed the ownership of the contract. It all depends on the context and the evidence provided. Read also: pens, toilet paper: beware these small flights to the office can cost you a decision with strong commercial issuesi here, the stake exceeded the simple telephone number. As a sales manager, the former employee was likely to keep direct access to customers or prospects of his ex-employer, via a line that he should no longer have exploited. A situation deemed detrimental in a context of competition. This case is part of a broader jurisprudence: all professional equipment must be returned, with some exceptions. Computers, function vehicles, work clothes or mobile lines belong to the company, as long as they are not recognized as tools for personal use or benefits in kind. Read also: Disciplinary layoff: definition, procedure and consequences, a opposite case in the opposite case judged by the Versailles Court of Appeal on September 26, 2024, an employee had subscribed to a mobile line in her name for professional use, while having the invoices set by her employer. Problem: when the contract is terminated, the company could not terminate the line, which was not in its name. Justice then ordered the transfer of the subscription to the employer, based on the exclusively professional use of the line and the contact details of the company appearing on the invoices. >> Listen every Thursday “most management”, our podcast which gives you the keys to flourish in your job receive our latest employment, management, rights, every week the news of your career. (Tagstotranslate) Labor law
